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3.10 3.10 AGREEMENTS\MyRec-On-Line Payments for Recreation Services—RENEW—6-5-2023 RESOLUTION AUTHORIZING RENEWAL OF AGREEMENT WITH MYREC.COM RECREATION MANAGEMENT SOFTWARE FOR PROVISION OF ON-LINE PAYMENT OF TOWN PARKS AND RECREATION PROGRAMS AND ACTIVITIES RESOLUTION NO.: 12023 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 139,2016, the Queensbury Town Board authorized a Recreation Management Software Standard Agreement with MyRec.com providing for on-line registration and payment via credit cards for the Town's Department of Parks and Recreation programs and activities, and WHEREAS, Town Board wishes to authorize renewal of the Agreement in substantially the form presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, authorizes and ratifies the renewal of the Recreation Management Software Standard Agreement with MyRec.com providing for on-line registration and payment via credit cards for the Town's Department of Parks and Recreation programs and activities in substantially the form presented at this meeting, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Supervisor to execute such Agreement and any other needed documentation and the Town Supervisor, Director of Parks and Recreation and/or Town Budget Officer to take such other and further actions necessary to effectuate the terms of this Resolution. Duly adopted this 5t'day of June, 2023,by the following vote: AYES NOES ABSENT: MuReacmucli Recreation Software 802 - 465 -- 9732 1NF0Cix MYRFc. coM MyRec.com Recreation Management Software STANDARD AGREEMENT This Agreement is made 101 day of May 2023 between: Business (Name ("Client"): Name of Town (Parks and Recreation Department) Purchase Order Number: Having its ,principal place of business at: Address: 742 Bay Rd City: Queensbury State: NY Zip: 12804 Phone: And Business Name: MyRec.com Having its principal place of business at: 129 Burr Pond Rd City: Pittsford State: VT zip: 05763 Phone: 802-465-9732 Email: billingamyree.com In consideration of Client retaining MyRec.cam to provide recreation management software with online registration for Client, it is agreed as follows: 1 . Compensation and Terms The above-named Client retains MyRec.com. and MyRec,com agrees to perform the following services: Recreation management software with online registration. Client is solely responsible for all data entered into the software. Term shall be April 1 , 2023 to March 31 . 2024 and contract shall remain in force unless canceled by either party with 30 days written notice- The following fees shall apply: Annual System Fees: $5,605,00 Total: Annual Fee based on over $360,000.00, but under $400,000,00 in clients annual revenue: �h . � 015. 0#) n � i r i,ial I /7 ,-,r}u: rA ve Ill f"a�� -1r1 C 1 +r , �:r r 1 ' n .'+, . ill II 'c1 � = + :. r I f r 't 3r:. Ir rF'l Fr.I F,r7 i3ilf]�]- . ll'I' ' 'I h it [ ol''f+ill Cnc311 1?'? e nr. Il li Iflc „ I a 1 II l 11 ';+ Iriain OSL1. 31 cI I:, Ia t) - .., 1 II; ,fl f [I� n: r... ,£r} I r , . r.`t n . dKl '7 .A ' r bi r r"I:.rl - =?SF�[ ••I::L'i car} -,I , ly ll . I rr I" lard DI' . r r nr lllrl Tf' I a , G Eli =. : .CF nzheir1 aele- lrne 2. Warranties by MyRec.corn MyRec.com represents and warrants to Client that it has the experience and ability to perform the services required by this Agreement; that it will perform said services in a professional and competent manner; that it has the power to enter into and perform this Agreement; . However, Client will not determine or exercise control as to general procedures, formats or sub-contracting necessary to have these services meet Client's satisfaction. Recreation Software 802 -- 465 - 9732 INrog MYREc_ coM 3, Independent Contractor MyRec.com acknowledges that the services rendered under this Agreement shall be solely as an independent contractor. It is expressly understood that this undertaking is not a joint venture. 4, Confidentiality MyRec.com recognizes and acknowledges that this Agreement creates a confidential relationship between MyRec.com and Client and that information concerning Clients business affairs, customers, vendors, finances, properties, methods of operation, computer programs, and documentation, and other such information, whether written, oral, or otherwise, is confidential in nature. All such information concerning Client is hereinafter collectively referred to as "Confidential Information." 5. Non-Disclosure MyRec.com agrees that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any Confidential Information to any person whatsoever and that upon the termination of this Agreement it will turn over to Client all documents, papers, and other matter in its possession or control that relate to Client. 6_ Grant Client agrees that copyrights to MyRec,com's work product produced in the performance of this Agreement shall remain the exclusive property of MyRec_com, and that it will not sell„ transfer, publish, disclose or otherwise make the work product available to third parties without MyRec.com's prior written consent. Any rights granted to Client under this Agreement shall not affect MyRec.com's exclusive ownership of the work copyright. IN WITNESS WHEREOF, Client and MyRec.com have duly executed this Agreement as of the day and year first above written. MyRec.com Town Name, State Name: Ian Woulfe Name: Title. Chief Executive Officer Title: Date: 5/10/2023 Date: Signature: Signature: Billing Information Name: Address: City: State: Zip Code: E-Mail: